Questions tagged [claims]

Related to claims definition, interpretation, technical terms, the extent, scope, of the protection conferred to a patent

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Non-Elected, Rejected and Objected claims, and reviving the abandoned patent

I followed my patent application after 3 years and found that it is abandoned. The abandonment report mentioned that patent has been abandoned because "No reply has been received". The final claim ...
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Can claim preamble contain terms not present in specification?

I would like to use the term "non pliable" in the claim preamble which does not appear in the specification. However the term "pliable" does appear in the specification but is not specifically defined....
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Is it necessary for a national application to claim priority to the PCT application to get the provisional protection?

A week back, I got a very good answer regarding PCT provisional protection. I have a related question. Is it necessary for a national application to claim priority to the PCT application to get the ...
PrivateUser's user avatar
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How to delimit the last element in a list of means?

The claim 2 has a list of means that apply to "the object" but it may be misconstrued that the last element in the list is not "intercepting" but rather "intercepting the object" in which case the ...
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How to separate method from machine in a claim?

Is the claim 2 mixing method and machine and if it is how would you rewrite it to avoid it? 1. A method for doing things comprising: step 1; step 2. 2. The method of claim 1, wherein at least one ...
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Can a claim "wherein" clause contain past tense?

I have a claim like this. 1. A method for ....., the method comprising: providing X for a user; 2. The method of claim 1, wherein the user was instructed to do X The claim 2 contains the ...
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Is this a common practice to amend a claim by striking through every word in the original claim?

Is this a common practice to amend a claim by striking through the entire text of the claim and introducing completely new text, instead canceling the claim and introducing a new claim. I mean no word ...
Jimski's user avatar
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Nested Claim Construction (US patent practice)

How do you separate the sections of nested method claims to avoid misinterpretation. Claim 1. A method for doing something the method comprising: making square widget comprising: petting the ...
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Can an inventive step included in the "wherein" clause?

I have a process that performs the same steps as prior art. However my "wherein" part is completely unique. Will it be considered as a valid independent claim?
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Should I use "and" or "or" for "at least one of" structure when only two items involved?

From my understanding, when we use the phrase like "at least one of A, B, C and D", it means AD, BD, CD, ABD, BCD etc. i.e. D is mandatory "at least one of A, B, C or D" means any single item or any ...
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Should I file a design patent on a different embodiment of a utility patent?

After filing a utility patent a simpler embodiment of the invention came to mind as a separate product. The simpler embodiment is covered in the first claim only since the dependent claims define the ...
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Is there any consequences if I don't amend claims properly before the PCT deadline?

PCT application claims can be amended one time via Article 19 and 34. From my understanding, one can amend claims in the national phase. So what is the point of having limitation in PCT? In US, one ...
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Is this patent US only?

I'm unclear on what does patent US D781711S claim & specifically in which region. I've talked with some mates that have studied patent law & they seem as puzzled as me. Anyone care to help? ✌️
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What is the proper way to cover alternative methods in claims?

I do understand the transitional phrase "comprising" is a broad one. A method comprising Step 1 The above method is infringed as long as step 1 is executed. But how do I protect when an equivalent ...
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What is the proper way to file both USPTO and PCT application?

I have two USPTO Provisional Applications. I'm about to file a USPTO non-provisional by claiming priority to those two Provisionals. I'm also planning to file a PCT application. The specification, ...
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When exactly patents fall under double-patenting?

I have an omnibus specification and I want to split it into multiple patents at a later point. I'm little afraid that accidentally I'll double patent my work. So I just need some clarification. I ...
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What happen to a "at least one of" claim when one of the item found to be invalid due to a prior art?

A system, comprises at least one of: A B C B becomes invalid after patent get granted and someone proves that in court. 1) Does this make the entire claim invalid or only the ...
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What is the minimum number of step required in an independent claim?

Can an independent claim can have only one non-obvious inventive step? e.g. A system comprising: Obvious step Inventive step Obvious step Can it be like this to make it broad? A ...
PrivateUser's user avatar
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Is amending an independent claim in an amendment fully responsive to dependent claim rejections?

As in the title, if an examiner rejects claims 1 and 2, with claim 2 being dependent on claim 1, would amending only claim 1 be fully responsive to the office action? For example, Claim 1: A Z ...
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Can a patent owner add more claims by requesting re-examination?

I found a prior art which contains the base part of my invention. It's a granted patent published 5 years back. My patent claims will be narrow to avoid rejection. Can this patent owner, apply for ...
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Can someone infringe my invention by reordering the steps?

My claims looks like this A system for X comprising: Step 1 Step 2 Step 3 Step 4 Can someone infringing my invention by reordering the steps? A system for X comprising: ...
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How exactly patent priority date works when multiple priority dates claimed?

I still can't able to understand how priority date works. Let's say I filed a provisional patent in Jan 2019. That specification contains nearly 95% of the real invention. In Jun 2019, I filed one ...
PrivateUser's user avatar
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Can an independent claim depends on other independent claims?

I have two independent claims and they have multiple dependent claims. I have a third independent claim. Can this third independent claim refer to independent claim 1 and 2? Example: Independent ...
PrivateUser's user avatar
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Will there be any downside if I show my patent claims to my infringer before publication?

I already published my paper. [After filing provisional application] A big company seems like copied my work from my paper and they are about to release their product in few months. The reason I ...
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Where to find recent claims of CN204293650U

Please let me know where I can find recent claims of patent application CN204293650U.
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Can one change claims when applying a national stage application using a PCT application?

My PCT application has more than 100 claims. I wanna have the strongest protection possible in some countries whereas in others I need some limited protection. [I don't want to waste too much money ...
PrivateUser's user avatar
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Election of species for prosecution

I wonder if anyone can answer this. What the US examiner says appears at first sight ambiguous, but there is perhaps a clue in the reference to 35 U.S.C. 121 (which I looked at). The examiner says: “...
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Does an intermediate step considered as patent infringement?

An existing patent uses step A, B, C in the independent claim. My invention inserts a non-obvious step X before step C. So my invention looks like this. A, B, X, C Can the existing patent owner sue ...
PrivateUser's user avatar
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Can one rearrange a claim when examined by the examiner?

I have plenty of dependent claims. I wanna rearrange claims if the main claim rejected by examiner. For example, Claim 4 and 5 depends on claim 3. Claim 3 and 2 depends on the main claim. Claim 1 ...
PrivateUser's user avatar
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Combination of Dependent Claims Infringement

I have a question regarding dependent claim combinations and the infringement of them. Lets say I have these claims: A + B Claim 1 + C Claim 1 + D If someone has an apparatus A + B + C + D, would ...
person17381's user avatar
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difference between count and claim?

I've been reading a decision from 93' - throughout the decision the court refers to the one claim as "count". is there a difference or are these interchangeable?
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What is the practical value of repeating similar claims in slightly different contexts?

In claims for a computer-implemented invention, what is the practical advantage of repeating similar claims under "a method," "a system," and "a non-transitory computer usable medium" categories? i....
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Combining two possible goals or outcomes in an initial claims statement (see stated example)

Would examiners accept a Claim 1 statement ending like this? : ...in order to execute transmission to, or connection therewith, the method comprising So the issue is whether or not the claim ...
Charles's user avatar
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Distinction between phrases "one or more" and "at least one" and need to include phrase "a plurality of"

In claims, is there any distinction between the phrases "one or more of" and "at least one of"? If "a plurality of" has already been used in the Claim 1 initial statement (e.g., "at least one of a ...
Charles's user avatar
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Language in claims for individual instance of a plurality

An element in an independent claim reads: a plurality of widgets Since everything I've read says you MUST refer to "said plurality of widgets" or "the plurality of widgets"... Also, if you may ...
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Can I sell this patented product outside the US?

I'm trying to reproduce this product: https://patents.google.com/patent/US20160324283A1/en but I wondered if I could sell it outside the US since it has the WO patent... Thanks!
NostalgiaUltra's user avatar
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3 answers
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How to develop intuition for writing claim?

I've seen many patent claim examples, and I've tried to write some myself, but each time it feels like I cannot adequately describe/articulate the invention to the level that is needed for the patent ...
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What is a difference between System Claims and Method Claims?

In many countries, system claims are treated differently as compared to method claims. I wish to understand - What is difference between system and method claims? Generally speaking, in what ...
Vijayendra's user avatar
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1 answer
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What is the strength of the patent, if during re-examination all the independent claims get cancelled and only dependent claims are confirmed?

In the patent US7292151B2, many claims including independent claims have been cancelled during reexamination. However, patentability of corresponding dependent claims is still confirmed. In this case, ...
Searcher's user avatar
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Patent Application Development Artifacts

From the inventor perspective that has an patent attorney team developing a patent, I am trying to put together a plan comprising a list of deliverables (to be produce by patent attorneys), each with ...
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Can I change a filed utility patent application to change the original filing fee?

I've filed a utility patent application, with a number of claims that increased the original filing fee. Is it possible to change that application, to reduce the number of claims, resulting in the ...
Paul Page's user avatar
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Impact of claim scope on potential infringement

It happens often that patent claims have as broad a scope as they can get away with. However, I have heard that, if your invention can be in general described by an independent claim of a third-party ...
Bryson of Heraclea's user avatar
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2 answers
726 views

Are "patent-claims" and "elements of a claim" defined in the law?

I'm trying to understand "claims" and how they define an invention. Is there a strict unambiguous definition of "claim" and how multiple claims about the same invention together with the "elements" ...
Panu Logic's user avatar
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Should a dependent claim only referrence another dependent claim if it depends on it's new subject matter?

Along with this question. What difference does it make if you reference an independent claim directly or indirectly through another dependent claim? Is it ever necessary to state "as claimed in any ...
Helmuth Bachmann's user avatar
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What is the difference between a withdrawn claim and a cancelled claim?

In an amendment to the claims, you can mark them (Original), (Currently amended), (Canceled), (Withdrawn), (Previously presented), (New), and (Not entered). What is the difference between Withdrawn ...
Keir Finlow-Bates's user avatar
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Isn't this patent following the same process as US5854056A?

In reference to the patent: WO2017151684A1 (Patent 1) I think that it follows the same process as described by patent US5854056A (Patent 2) from 1997 and titled Fungal cell wall production and ...
Antoni Gandia's user avatar
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1 answer
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Claims for aggregated system

This is deeper-dive to earlier question Constructing multi-part system claims Let's take another example effectively describing easy imagine weather station system for home where there are multiple (...
Mikko Jaakkola's user avatar
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1 answer
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Constructing multi-part system claims

What would be the right way to construct claim multi-component system that has their own construct? Let's say I claim meat production system (or actually ecosystem). I claim: A meat production ...
Mikko Jaakkola's user avatar
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2 answers
83 views

Can a patent make you stop selling your product?

You invented, build, and a product (like a Personal Cooling Unit a devise you wear over your close to keep cool). You have records and receipts of your sales, published pictures, online catalogs, and ...
Muze's user avatar
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Set-theoretic view of dependent vs. independent claims

I know that the role of dependent claims has been thoroughly explained in another post in this forum. However, I wanted to clarify something, to see if I am getting this right: A dependent claim must ...
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